September 26, 2017 Email

From: Cheryl Spencer [mailto:cjkspencer@gmail.com]
Sent: Tuesday, September 26, 2017 7:51 PM
To: david russell
Subject: Re: FW: MFGR Wastewater Discharge License

Hi David,
Thanks for sending this along. The info that would be great to have would be the WWTP's test result of their outflow, when it leaves the plant and before it enters the River. I had called DEP about that, but got no response before we left to visit grandchildren.
If you could call DEP, the guy to talk to is Gary Brooks, I believe. I will try to contact you before the 10th to learn what has transpired in the meantime, such as communications from Jim Katsiaficas if he has prepped anything for the Board. I'll check the website too.
     It would go a  long way toward lowering peoples' concerns if there were a third party trustworthy place to go with odor complaints. Folks don't give a damn how "robust" Casella's protocol is, if Casella's people get to be judge, jury, and referee about what is a nuisance odor, especially considering we have full time fire, police, and code. The way I read Ch. 24, they are fully in effect since ME DEP issued the permits last spring. There are still loads going in there uncovered, and not covered tightly enough to prevent litter and odors from escaping. It is past time for some enforcement.
Regards,
Ed Spencer

On Tue, Sep 26, 2017 at 10:29 AM, david russell <drussell@old-town.org> wrote:
Ed,

Thought I would pass this along to you. It will also be posted on the web site.

Thank you,
David

From: Jeremy Labbe [mailto:Jeremy.Labbe@casella.com]
Sent: Wednesday, September 13, 2017 2:27 PM
To: david russell
Cc: jkatsiaficas@perkinsthompson.com; Thomas Doyle; Toni King; Wayne Boyd; Don Meagher; Mike Booth
Subject: MFGR Wastewater Discharge License

Mr. Russell,

As we mentioned last evening.  The details pertaining to our leachate agreement, along with MFGR’s (owner of the former Old Town Mill WWTP) MEPDES permit, issued on October 12, 2016,  for continued operation of their treatment plant, are included in Appendix D-10 of the Application.  In their permit is detailed what sampling they must perform on their discharge to the Penobscot River, which was a question raised last evening.  This robust sampling program is overseen by the MEDEP with results being submitted to the MEDEP as detailed in the license with many parameters, including metals (mentioned last evening).  I have attached this Appendix for your reference.

Additionally, questions regarding odor were raised.  Our robust odor complaint monitoring and management is detailed in Section 24-8.F of the Application Narrative and in our Operations Manual (Appendix D-3) and provide information to answer questions raised last evening as well.

Please feel free to reach out to us at any time with questions or comments, we appreciate your time.

Thanks!

Jeremy Labbe, P.E.
Engineer & Environmental Manager
Casella Waste Systems, Inc.

358 Emerson Mill Rd.
Hampden, ME 04444
p. 207.862.4200 ext. 233 | c. 207.217.7988| w. casella.com

   

What good is it for a man to gain the whole world, yet forfeit his soul?
~Mark 8:36

CONFIDENTIALITY NOTICE The information contained in this communication is confidential, may constitute inside information, may be attorney-client privileged and is intended only for the use of the named recipient.  If the reader of this e-mail message is not the intended recipient, or the employee or agent responsible for delivery of the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited.  If you have received this e-mail in error,  please notify the sender immediately by telephone at 207-862-4200.

Public Notice - October 10th

Public Notice

The Old Town Planning Board will meet on Tuesday October 10, 2017 in the City Hall Council Chambers at 6:00 PM to hear the following case:


A Public Meeting for NEWSME/BGS, Juniper Ridge Landfill Expansion, located at 2828 Bennoch Road, Old Town, Maine. Tax Map 3, Lot 1. Case #1529-D.

The purpose of this Public Meeting is to deliberate and prepare “Findings of Fact” regarding the NEWSME/BGS Application for Expansion of the Juniper Ridge Landfill under the City of Old Town’s Chapter 24 (“Solid Waste Facilities”)

9-8-17 Disclosure Statement



September 7, 2017 Email Thread

From: Thomas Doyle [mailto:tdoyle@pierceatwood.com]
Sent: Thursday, September 07, 2017 11:01 PM
To: 'jkatsiaficas@perkinsthompson.com'
Cc: Bill Mayo; david russell; cjkspencer@gmail.com; Laubenstein, William; Michael T. Barden (michael.barden@maine.gov); toni.king@casella.com; msb@smemaine.com; Don Meagher (Don.Meagher@casella.com)
Subject: RE: Unanswered Questions

Jim, item 2 of Applicant BGS’s Disclosure Statement (attached) states that BGS does not hold an equity interest in any company that collects, transports, treats, stores or disposes of hazardous or solid waste.  Similarly, Applicant NEWSME Landfill Operations, LLC’s Disclosure Statement (also attached) states at the bottom “None” for “Entities in Which Person or Entity Executing Disclosure Has 5% or Greater Equity Interest.”  Since NEWSME Landfill Operations, LLC doesn’t hold a 5% or greater equity interest in any entity, it therefore doesn’t hold such an equity interest in any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste.

I trust this answers the question.

Thomas R. Doyle
   
  
PIERCE ATWOOD LLP
   
 PH 207.791.1214  

From: jkatsiaficas@perkinsthompson.com [mailto:jkatsiaficas@perkinsthompson.com]
Sent: Thursday, September 07, 2017 3:40 PM
To: cjkspencer@gmail.com; drussell@old-town.org; bmayo@old-town.org
Cc: Thomas Doyle
Subject: RE: Unanswered Questions

Ed:        

                My answers to each of your questions are in blue below.  Much of the information requested is contained within the Application.  I am copying counsel for NEWSME and am asking counsel to follow up on one matter noted below.

                I recommend to David Russell that thread this be posted on the City’s JRL website.

Thank you, 

                Jim
____________________________
James N. Katsiaficas
Attorney
PERKINS|THOMPSON
ONE CANAL PLAZA, PO BOX 426
PORTLAND, ME 04112-0426
207.774.2635 x8108 Main
207.400.8108 Direct
207.871.8026 Fax
www.perkinsthompson.com
jkatsiaficas@perkinsthompson.com

CONFIDENTIALITY NOTICE:  The information contained in this communication may be confidential or privileged.  If you are not the intended recipient of this communication, any disclosure, copying, distribution or use of this communication is prohibited.  If you have received this communication in error, please notify the sender and immediately destroy this communication.


From: Cheryl Spencer [mailto:cjkspencer@gmail.com]
Sent: Thursday, September 07, 2017 10:50 AM
To: David Russell; James N. Katsiaficas; Bill Mayo
Subject: Unanswered Questions

Dear David, Jim, and Bill,
I am trying to wrap up some details prior to the Planning Board's Public Hearing Sept. 12th. There are still some questions I posed that were left unanswered in Jim's Memorandum of Aug. 22 or otherwise.

1.      In that Memo, responded to my question concerning Tom Doyle speaking on behalf of the state, and in Jim's response (5) it says "...and the State has authorized NEWSME's attorney to speak on behalf of both applicants." My followup question is, when did that authorization take place and where can we find a document to that effect?  I based my answer upon Tom Doyle’s statement to the Planning Board on August 8, 2017, in the presence of Mike Barden for BGS and Assistant Attorney General Bill Laubenstein, that he was representing Applicants NEWSME and BGS and was authorized to speak on behalf of BGS. I recall the statement, and playback of the meeting video will demonstrate this was said.   Appendix C-3 of the Application is the Agent Authorization letter of BGS authorizing Casella, NEWSME and their consultants to speak for BGS.

2.      I asked for documents required by Old Town's Chapter 24-8.O.2, which is a list of "The full name and business address of any company...in which the Applicant holds an equity interest of 5% or more." Are these listed in the Application, or where can this information be found? Pages 1 and 9 of the Application identifies NEWSME and BGS as the Applicants, by I do not see any discussion of the requested information.  By copy of this response, I invite the Applicants to state “The full name and business address of any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which the Applicant holds an equity interest of 5% or more” as requested by Chapter 24 Sec. 24-8 O.2.

3.      The next part of our regulations, Chapter 24-8.0.3 asks for "A listing and explanation of administrative consent agreements...in the five years immediately preceding the filing of the Application." Where can we find this information? Please see Appendix I to the Application.(copy attached).


4.  In my letter of Aug. 11th, I asked to see three documents that Casella/BGS presented at the Planning Board meeting of August 8th. These are
  A. A BGS violations record.            Please BGS’ letter of August 2, 2017 which was submitted at the August 8, 2017 Workshop (copy attached).
  B. Waiver request for insurance requirement. Please see pages 65-67 of the Application.
  C. Waiver request for Landfill gas and Odor testing. Please see pages 65-67 of the Application.

Having observed this process closely through the last 14 years, it would seem to me that B and C should be submitted to Maine DEP, and perhaps they have been. I look forward to your response.
Regards,
Ed Spencer

Planning Board Meeting Agenda - September 12, 2017


Agenda
Old Tow Planning Board
September 12, 2017
(City Council Chambers)


Item 1.    Call to Order

Item 2.    Approve minutes of the August 8, 2017, meeting.
Due to a computer or recording glitch, the minutes could not be downloaded to the website and therefore no transcription was completed. The meeting can however, be seen on the access channel twice a day and has been available since August 10th.
           
Item 3.    A Public Hearing for NEWSME/BGS, Juniper Ridge Landfill Expansion, located at 2828 Bennoch Road, Old Town, Maine. Tax Map 3, Lot 1. Case #1529-C.

The purpose of this Public Hearing is for public input and questions related to the NEWSME/BGS Application for Expansion of the Juniper Ridge Landfill under the
City of Old Town’s Chapter 24 (“Solid Waste Facilities”) ordinance criteria.


Item 4.    Old/New Business
   
Item 5.    Adjourn



 
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